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24 janvier 2015

OUVRAGE : M. Weller (ed.) The Oxford Handbook of the Use of Force in International Law

Catherine MAIAThe prohibition of the use of force in international law is one of the
major achievements of international law in the past century. The attempt to
outlaw war as a means of national policy and to establish a system of
collective security after both World Wars resulted in the creation of the
United Nations Charter, which remains a principal point of reference for the
law on the use of force to this day. There have, however, been considerable
challenges to the law on the prohibition of the use of force over the past two
decades.ThisOxford Handbookis a comprehensive and authoritative study of the modern
law on the use of force. Over seventy experts in the field offer a detailed
analysis, and to an extent a restatement, of the law in this area. The Handbook
reviews the status of the law on the use of force, and assesses what changes,
if any, have occurred in consequence to recent developments. It offers
cutting-edge and up-to-date scholarship on all major aspects of the prohibition
of the use of force. The work is set in context by an extensive introductory
section, reviewing the history of the subject, recent challenges, and
addressing major conceptual approaches. Its second part addresses collective
security, in particular the law and practice of the United Nations organs, and
of regional organizations and arrangements. It then considers the substance of
the prohibition of the use of force, and of the right to self-defence and
associated doctrines. The next section is devoted to armed action undertaken on
behalf of peoples and populations. This includes self-determination conflicts,
resistance to armed occupation, and forcible humanitarian and pro-democratic
action. The possibility of the revival of classical, expansive justifications
for the use of force is then addressed. This is matched by a final section
considering new security challenges and the emerging law in relation to them.
Finally, the key arguments developed in the book are tied together in a
substantive conclusion. The Handbook will be essential reading for scholars and
students of international law and the use of force, and legal advisers to both
government and NGOs.

I Introduction
1: Randall Lesaffer: Too Much History: From War as a Sanction to the
Sanctioning of War
2: Daniele Archibugi, Mariano Croce, and Andrea Salvatore: The Debate about
the Prohibition of the Use of Force and Collective Security as a Structural
Element of International Relations Discourse Through the Centuries
3: Michael Glennon: The Limitations of Traditional Rules and Institutions
Relating to the Use of Force
4: James Crawford and Rowan Nicholson: The Relevance of Established Rules
and Institutions Relating to the Use of Force
5: Gina Heathcote: Feminist Perspectives on the Law on the Use of Force
6: Jean d'Aspremont: The Use of Force as Enforcement of the International
Legal Order?
7: Alexander Orakhelashvili: Changing Jus Cogens through
State Practice? - the Case of the Prohibition of the Use of ForceII Collective Security and the Non-use of Force
8: Ramesh Thakur: Reconfiguring the UN System of Collective Security
9: Niels Blocker: Security Council Authorizations to Use Force: Recent
Developments
10: Ian Johnstone: When the Security Council is Divided: Imprecise
Authorizations, Implied Mandates, and the 'Unreasonable Veto'
11: Rob McLaughlin: No-Fly Zones and Maritime Exclusion Zones in Security
Council Practice
12: Penelope Nevill: Military Sanctions Enforcement in the Absence of
Express Authorization?
13: Nigel D. White: The Relationship Between the UN Security Council and
General Assembly in Matters of International Peace and Security
14: Erika de Wet: Regional Organizations and Arrangements: Authorization,
Ratification or Independent Action
15: Mark Weisburd: Justicibility of Matters Concerning the Use of Force,
including issues addressed by the UN Security Council, before the ICJ
16: Scott Sheeran: The Use of Force in Complex Peace-keeping and Governance
Operations
17: Haidi Willmot and Ralph Mamiya: Protection of Civilians in Security
Council Practice
18: Nicholas Tsagourias: Self-defence, Protection of Humanitarian Values
and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
19: Charlotte Ku: Transparency, Accountability, and Responsibility for
Internationally Mandated Operations
20: Andre Nollkaemper: Failure to Protect: Recent ExperiencesIII The Prohibition of the Use of Force, Self-Defence, and other
Concepts
21: Nico Schrijver: Article 2(4): History and Present Content
22: Jan Klabbers: Intervention, Armed Intervention, Armed Attack, Threat to
Peace, Act of Aggression, and Threat or Use of Force - What's the
Difference?
23: Chaloka Beyani: Non-aggression in the African Union
24: Jen Michel Arrighi: The Prohibition of the Use of Force and
Non-intervention: Ambition and Practice in the OAS region
25: Sean Murphy: The Crime of Aggression at the ICC
26: Claus Kress: The Prohibition of the Use of Force and Self-defence in
ICJ Jurisprudence
27: Vaios Koutroulis: The Prohibition of the Use of Force in Arbitrations
and Fact-Finding Reports
28: Jorg Kammerhofer: The Resilience of the Restrictive Rules on
Self-defence
29: Sir Michael Wood: Self-defence and Collective Security: Key
Distinctions
30: Ashley Deeks: Taming the Doctrine of Preemption
31: Kimberley Trapp: Can Non-state Actors Mount an Armed Attack?
32: Noam Lubell: The Problem of Imminence in an Uncertain World
33: Lindsay Moir: Action against Host States of Terrorist Groups
34: Terry Gill: When Does Self-defence End?
35: Jean Christophe Martin: Theatre of OperationsIV Action on Behalf of Peoples and Populations
36: Sir Nigel Rodley: Humanitarian Intervention
37: David Wippman: Pro-democratic Action
38: Gregory H. Fox: Intervention by Invitation
39: Elizabeth Chadwick: Self-determination Movements
40: Marc Weller: A Unifying Theory of Forcible Action on Behalf of Peoples
and PopulationsV Revival of Classical Concepts?
41: Olivier Corten: Necessity
42: Shane Darcy: Retaliation and Reprisal
43: Bill Gilmore: Hot Pursuit
44: Anne Lagerwall and François Dubuisson: The Threat of the Use of Force
and Ultimata
45: Wolff Heintschel von Heinegg: Blockades and Interdictions
46: Mathias Forteau: Rescuing Nationals Abroad
47: Martin Waelisch: Peace Agreements and the Use of Force
48: Marina Mancini: The Effects of a State of War or Armed ConflictVI Emerging Areas?
49: Guglielmo Verdirame and Vasco Becker Weinberg: Opposing the
Proliferation of Weapons of Mass Destruction and Delivery Vehicles through
Interdiction Operations
50: Daniel Joyner: The Implications of the Proliferation of Weapons of Mass
Destruction for the Prohibition of the Use of Force
51: Douglas Guilfoyle: Forcible Action to Combat Piracy
52: Marco Pertile: The Changing Environment and Emerging Resource Conflicts
53: Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius
ad Bellum
54: Michael Schmidt: Cyber 'Attacks' - is the Law on the Use of Force ever
Involved
55: Ian Ralby: Private Military Companies and the Ius ad BellumVII General Problems
56: Andre de Hoogh: Ius Cogens Restrictions on, or Demands
for, Forcible Action
57: Theodora Christodoulidou and Kalliopi Chainoglou: Proportionality
58: Keiichiro Okimoto: The Interrelationship of the Ius ad bellum and
the Ius in bello
59: Paolo Palchetti: Third States and the Use of ForceVII Conclusion
60: Marc Weller: Conclusion

Marc WELLER (ed.), The Oxford Handbook of the Use of Force in International Law,Oxford, Oxford University Press, 2015 (1376 pp.)

Edited by Marc Weller, Professor of International Law
and International Constitutional Studies, University of Cambridge; Director of
the Lauterpacht Centre for International LawMarc
Weller is Research Assistant to the Legal Tools for Peace-Making Project and
Professor Marc Weller, Lauterpacht Centre for International Law, University of
Cambridge. He became a member of the Faculty of Law of the University of
Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of
International Studies. He has been Director of Graduate Education in the
Department of Politics and International Studies of the University since 2008.
Professor Weller holds Masters degrees from the Fletcher School of Law and
Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic
and Social Sciences, and in International Law from the Universities of
Frankfurt, Hamburg and Cambridge respectively.

Assistant Editor: Alexia Solomou is Research and Publications
Assistant to the Director, Lauterpacht Centre for International Law, University
of Cambridge

Contributors:Daniele
Archibugi - Research Director at the Italian National Research Council, RomeJean
Michel Arrighi - Secretary for Legal Affairs, Organization of American StatesChaloka
Beyani - London School of EconomicsNiels
Blokker - Leiden Law SchoolElizabeth
Chadwick - Nottingham Law SchoolKalliopi
Chainoglou - University of MacedoniaTheodora
Christodouli - Legal Service of the Republic of CyprusOlivier
Corten - Universite Libre de BruxellesJames
Crawford - University of CambridgeMariano
Croce - University of AntwerpJean
d'Aspremont - University of AmsterdamShane
Darcy - Irish Centre for Human Rights, NUI, GalwayAndre de
Hoogh - University of GroningenAshley
Deeks - University of Virginia Law SchoolMathias
Forteau - University of Paris OuestGregory
H. Fox - Wayne State Law SchoolTerry
Gill - University of AmsterdamBill
Gilmore - Edinburgh Law SchoolMichael
Glennon - Fletcher School of Law and Diplomacy, Tufts UniversityDouglas
Guilfoyle - University College LondonGina
Heathcote - School of Oriental and African StudiesWolff
Heintschel von Heinegg - Europa-Universität Viadrina, FrankfurtIan
Johnstone - Fletcher School of Law and Diplomacy, Tufts UniversityDaniel
Joyner - University of AlabamaJoerg
Kammerhofer - University of Erlangen-NurembergJan
Klabbers - University of HelsinkiVaios Koutroulis - Université Libre de BruxellesClaus
Kress - Universitat KolnCharlotte
Ku - College of Law, University of IllinoisRandall
Lesaffer - Tilburg UniversityNoam Lubell
- University of EssexMarina Mancini
- Mediterranean University of Reggio CalabriaJean
Christophe Martin - Université Nice Sophia AntipolisRob
McLaughlin - Australian National UniversityRalph
Mamiya - United NationsLindsay
Moir - University of HullSean
Murphy - George Washington UniversityPenelope
Nevill - 20 Essex Street ChambersAndre
Nollkaemper - University of AmsterdamKeiichiro
Okimoto - Office of Legal Affairs, United NationsAlexander
Orakhelashvili - Birmingham Law SchoolPaolo Palchetti
- Università degli studi di MacerataJordan
Paust - University of HoustonMarco
Pertile - The Graduate Institute, GenevaIan
Ralby - University of CambridgeSir
Nigel Rodley - University of EssexAndrea
Salvatore - La Sapienza, University of RomeMichael
Schmidt - University of DurhamNico
Schrijver - Leiden Law SchoolScott
Sheeran - University of EssexRamesh
Thakur - Crawford School, Australian National UniversityKimberley
Trapp - University of CambridgeNicholas
Tsagourias - University of GlasgowGuglielmo
Verdirame - King's College LondonMartin
Waehlisch - American University, BeirutMark
Weisburd - University of North CarolinaErika de
Wet - University of PretoriaVasco
Becker Weinberg - Max Planck Institute for Comparative and International
Private LawNigel D.
White - Nottingham Law SchoolHaidi
Willmot - University of EssexDavid
Wippman - University of MinnesotaSir
Michael Wood - Lauterpacht Centre for International Law